HomeMy WebLinkAbout11.19.01 Council Packet
COUNCIL MEETING
REGULAR
November 19,2001
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Introduce New Employee - Police Department
b) Safe Streets Award Presentation - Police Department
c) Proclamation Recognizing Reverend Jamie Thompson - Administration
6. CITIZEN COMMENTS (Open for Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (11/5/01 Regular)
b) Approve Various Licenses and Permits - Administration
c) Accept Resignation Heritage Preservation Commission - Administration
d) Capital Outlay - Fire Department
e) Consider Resolution - Tree City USA Application - Parks and Recreation
f) Heritage Preservation Commission 2001 Annual Report - Administration
g) NRG Processing Solutions Contract Amendment - Parks and Recreation
h) 195th Street Project Change Order - Engineering
i) Appointment Recommendation - Administration
j) Approve Bills
8. PUBLIC HEARINGS
a) Certification of Delinquent Municipal Services - Finance
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) October 2001 Financial Report - Finance
b) Charleswood 6th Addition Preliminary and Final Plat - Community
Development
c) Middle Creek Estates Preliminary Plat - Community Development
d) Consider Resolution - ISD 192 Schoolhouse Addition Development Contract
- Engineering
e) Empire Treatment Plant Expansion - Administration
f) Set Workshop Date - Recreational Vehicle Parking in Residential Zones -
Community Development
11. UNFINISHED BUSINESS
Action Taken
Introduced
Presented
Recopized
Approved
Approved
Accepted
Information Received
RJOO-OJ
Information Received
Approved
Al'proved
Approved
Approved
RJ01-0J
Information Received
RJ 02-01
Tabled J2/17/01
RJ03..0J
Imormation Received
FebrUlUY20,2002
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
COUNCIL MEETING
REGULAR
November 19, 2001
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Introduce New Employee - Police Department
b) Safe Streets A ward Presentation - Police Department
c) Proclamation Recognizing Reverend Jamie Thompson - Administration
6. CITIZEN COMMENTS (Open for Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (11/5/01 Regular)
b) Approve Various Licenses and Permits - Administration
c) Accept Resignation Heritage Preservation Commission - Administration
d) Capital Outlay - Fire Department
e) Consider Resolution - Tree City USA Application - Parks and Recreation
t) Heritage Preservation Commission 2001 Annual Report - Administration
g) NRG Processing Solutions Contract Amendment - Parks and Recreation
h) 195th Street Project Change Order - Engineering
i) Appointment Recommendation - Administration
j) Approve Bills
8. PUBLIC HEARINGS
a) Certification of Delinquent Municipal Services - Finance
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) October 2001 Financial Report - Finance
b) Charleswood 6th Addition Preliminary and Final Plat - Community
Development
c) Middle Creek Estates Preliminary Plat - Community Development
d) Consider Resolution - ISD 192 Schoolhouse Addition Development Contract
- Engineering
e) Empire Treatment Plant Expansion - Administration
t) Set Workshop Date - Recreational Vehicle Parking in Residential Zones -
Community Development
11. UNFINISHED BUSINESS
Action Taken
Page 361
Page 362
Pages 363-368
Pages 369-370
Pages 371-373
Page 374
Pages 375-376
Pages 377-379
Page 380
Pages 381-382
Page 383
Page 384
Page 385
Pages 386-387
Pages 388-395
Pages 396-428
Pages 429-441
Pages 442-443
Page 444
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
5/J
FROM:
Mayor, Councilmembers and
City Administrator ~ t,
Daniel M. Siebenaler
Chief of Police
TO:
SUBJECT:
Safe Streets presentation
DATE:
November 19,2001
INTRODUCTION
Dakota County Courts and the Minnesota Citizens Council on Crime and Justice direct a D WI. offender's
program called Safe Streets. Participants in Safe Streets are offenders who enter into a program of
treatment and monitoring in lieu of fmes and / or confmement.
DISCUSSION
The Farmington Police Department has been a day reporting site for Safe Streets for several years. As a
day reporting site the Farmington Police Department accepts clients for breath testing three afternoons per
week. These breath tests are intended to ensure compliance with Court ordered abstinence from alcohol
use. In addition the clients are subject to random home visits and testing by court appointed personnel.
The primary benefit of the Safe Streets Program is the low rate of recidivism for offenders. Only a small
percentage of clients who successfully complete the program become repeat offenders.
A second and untended outcome of the program is the relationship between the client and the police
officers. Alcohol offenders generally see officers while in a state of intoxication and view them as the
enemy. Similarly, the police officer generally sees the offender in less-than-ideal physical condition and
often views them as problems to be dealt with. Through Safe Streets the offender and the officer have the
opportunity to meet in circumstances that are not adversarial which in turn allows for a more mutually
respectful relationship.
ACTION REQUESTED
Representatives of Safe Streets will be on hand to give a brief overview of the program and present a
plaque to the City.
Respectfully submitted,
Daniel M. Siebenaler
Chief of Police
3t&,/
5G
Proclamation Recognizing
The Reverend Jamie Thompson
Whereas the City of Farmington recognizes Pastor Jamie Thompson for
outstanding service and commitment to his community.
Whereas Pastor Jamie Thompson co-founded Building Bridges for Youth,
Farmington's Healthy Communities Initiative, a volunteer organization to
foster asset building and healthy youth in the Farmington area.
Whereas Pastor ~amie Thompson's compassionate and generous leadership
has encouraged volunteers to join him in supporting area youth and
encouraging asset building behaviors. His enthusiasm and resourcefulness
has greatly benefited youth, and the community as a whole.
Whereas Pastor Jamie Thompson has regularly and continuously given of
his time and talents as a leader, mentor and volunteer in the Farmington
School District.
Therefore, be it resolved that the City of Farmington recognizes Pastor
Jamie Thompson and thanks him for his outstanding service to the
community and his constant and continuing support of Farmington youth.
Signed this 19th day of November, 2001.
Mayor
,3ts,c:?
h..,
COUNCIL MINUTES
REGULAR
November 5, 2001
1. CALL TO ORDER
The meeting was called to order by Mayor Ristow at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Ristow, Soderberg, Strachan
Cordes, Verch
Joel Jamnik City Attorney, Ed Shukle City Administrator, Jim Bell
Parks and Recreation Director, Lee Mann City Engineer, Karen
Finstuen Administrative Services Manager, Lee Smick City
Planner, Mike Schultz Associate Planner, Brenda Wendlandt
Human Resources Manager, Cynthia Muller Executive Assistant
4. APPROv.EA GENDA
MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Boy Scout Troop 119
Mayor Ristow acknowledged the attendance of Boy Scout Troop 119.
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows:
a) Approved Council Minutes (10/15/01 Regular) (10/10/01 Special)
b) Approved Joint Powers Agreement Dakota County Task Force - Police
Department
c) Approved Appointment Recommendation - Finance
d) Adopted RESOLUTION R93-01 Accepting Safe and Sober Grant - Police
Department
e) Adopted RESOLUTION R94-01 Dakota County East-West Cross Corridor
Study Collaboration - Engineering
f) Approved Disposal of City Property - Parks and Recreation
g) Adopted ORDINANCE 001-467 Amending Liquor License Eligibility-
Administration
h) Approved Request for Senior Center Funding - Townships - Parks and
Recreation
i) Approved Traffic Control Recommendations - Engineering
j) Approved Bills
APIF, MOTION CARRIED.
3t,3
--~
Council Minutes (Regular)
November 5, 2001
Page 2
8. PUBLIC HEARINGS
a) Approved Various Licenses and Permits - Administration
A Public Hearing was held to renew On-Sale Liquor Licenses, On-Sale Sunday
Liquor Licenses, On-Sale Wine and Club Licenses, and Saunas and Therapeutic
Massage Licenses for the following businesses:
On-Sale Liquor - American Legion, Farmington Lanes, LongBranch Saloon and
Eatery
On-Sale Sunday - American Legion, Eagles Club, Farmington Lanes,
LongBranch Saloon and Eatery, VFW Club
Club Licenses - Eagles Club, VFW Club
On-Sale Intoxicating Malt Liquor and On-Sale Wine - B&B Pizza
Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage, Sherry
Jackson
MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Strachan, second by Soderberg approving
the 2002 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Beer, On..Sale Wine,
Club and Therapeutic Massage Licenses for the above businesses. APIF,
MOTION CARRIED.
b) Consider Resolution - Vacation 01 Right-ol-Way and Easements City Center
II - Community Development
The Farmington HRA has petitioned the City to consider vacating the remainder
of the Main Street right-of-way located directly west of the railroad right-of-way,
the Second Street right-of-way lying north of Main Street and also vacating the
drainage and utility easement found on the north side of the Farmington City
Center plat. In 1974 the City Council approved a section of Second Street be
vacated north of Elm Street. In 1993 a portion of Main Street, Second Street and
an alley right-of-way was vacated as part of the City Center plat. In 1998 the City
Council approved to vacate the portion lying east of the railroad right-of-way to
Third Street. Staff recommended vacating the subject rights-of-way and easement
to clear the property for the future filing of a plat as part of continued re-
development north of the original City Center area. MOTION by Strachan,
second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED.
MOTION by Soderberg, second by Strachan adopting RESOLUTION R95-01
vacating the remaining portion of Main Street lying west of the railroad right-of-
way, vacating the remaining portion of Second Street lying north of the Main
Street right-of-way and vacating the drainage and utility easement on the north
end ofthe Farmington City Center plat. APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) September 2001 Financial Report - Finance
A report was presented to Council which reviews the September revenues and
expenditures. This report will be made available to Council every month.
Council was very complimentary of the information contained in the report.
3iP'/
Council Minutes (Regular)
November 5, 2001
Page 3
b) Consider Resolution - Meadow Creek Final Plat - Community Development
Progress Land Company has submitted the Final Plat for Meadow Creek 1 st
Addition. The plat contains 35 single-family lots and 2 outlots bordering the
northern propertlline of the Autumn Glen subdivision and the eastern border of
Prairie Creek 3r and 4th Additions. The Preliminary Plat was approved by the
City Council on August 20, 2001. State statute allows the Developer to reduce
the final plat lot count provided that the final plat is a part of the approved
preliminary plat lots.
A condition of the preliminary plat approval required that corrections and
improvements to the grading and drainage problems in Prairie Creek 4th Addition
be addressed and restoration of the affected properties be performed during the
grading of the Meadow Creek project. The improvement plan proposes that all of
the grading work be contained within the platted 10-foot easement along the rear
property lines in the Prairie Creek 4th Addition. The Developer will be required to
notify property owners if the grading needs to be performed outside of the 10-foot
easement. At the October 23,2001 Planning Commission meeting, the Developer
understood that no homes within the Meadow Creek 1 st Addition will be
constructed until the grading and drainage work is resolved on the rear property
lines of the lots in the Prairie Creek 4th Addition.
The plat shows 2 outlots, including Outlot A that encompasses a storm water
management pond and Outlot B that encompasses the remainder of the plat.
Easements are shown on the plat along rear lot lines in the southwest comer of the
1 st Addition and along the southern boundary with Autumn Glen. A 20-foot
easement is shown on Lots 3 and 4 in Block 2. A 40-foot easement is proposed
along the rear lot lines adjacent to the Autumn Glen subdivision to allow for the
existing berm and trees that run between Lots 6 to 19 in Block 2 of the Meadow
Creek 1 st Addition.
Approval of the Meadow Creek 1 st Addition Final Plat is contingent upon the
following requirements:
1. Execution of a Development Contract between the Developer and the City
of Farmington and submission of security, payment of all fees and costs
and submission of all other documents required under the Development
Contract.
2. Approval of the construction plans for grading, storm water, sanitary
sewer and water utilities by the Engineering Division.
3. The Developer shall fully comply with the terms of that Settlement
Agreement between the City and Developer dated December 22, 2000.
Mayor Ristow stated he, Councilmember Cordes, staff, MW Johnson, and
Progress Land met to discuss the development and were assured that all the
drainage easements along Prairie Creek would be taken care of and nothing has
changed. These issues will have to be resolved before any building permits are
issued. The Engineering Division will determine the resolution of the drainage
problems. MOTION by Soderberg, second by Strachan adopting
RESOLUTION R96-01 approving the Meadow Creek 1 st Addition Final Plat
contingent upon the above requirements. APIF, MOTION CARRIED.
3&5
Council Minutes (Regular)
November 5, 2001
Page 4
c) Consider Resolution - Meadow Creek Development Contract - Engineering
The Development Contract for Meadow Creek First Addition was forwarded to
Council. The conditions of approval are:
a) The Developer enter into this Agreement.
b) The Developer provide the necessary security in accordance with the
terms of this Agreement.
c) The Developer record the plat with the County Recorder or Registrar of
Titles within 75 days after City Council approval of the final plat.
d) The Developer shall fully comply with the terms of that Settlement
Agreement between the City and Developer dated December 22, 2000.
There are some unique aspects of this development contract contained under
Litigation Settlement in the Development Contract. Item 3 states the Developer
must put up a Letter of Credit for the outstanding amount he owes the City and
item 4 stipulates the mechanism by which the outstanding amount is paid. The
other unique item is building permits will not be issued until drainage problems
along Prairie Creek are resolved. City Attorney Jamnik stated the way the
contract is drafted a more comprehensive build out was anticipated. The
Settlement Agreement was not drafted with a 35 unit phase then a following
phase. Everything was lump summed at the front end. If the developer has a
financial problem putting everything on the front end, City Attorney Jamnik
would be open to a modification.
Mr. Warren Israelson, Progress Land Company, stated he received the
Development Contract late last week. The amount of the increase in the Letter of
Credit, which is over $300,000 for 35 lots is a significant number. He requested
the City consider taking a smaller portion of the settlement and applying it to the
first phase and the remainder in the next phase. The Development Contract also
contains an additional $100,000 staff felt they needed for improvements. The
original estimate was based on an actual bid, so Mr. Israelson felt that number
should still be valid. Mr. Israelson also requested to pay the settlement amount
rather than putting it in a Letter of Credit. The amount of the Letter of Credit is
approximately $639,000.
City Attorney Jamnik stated there are no improvements being secured by the
Letter of Credit. The City's interest can be secured by foregoing some of the
amount and keeping it for subsequent phases. The Letter of Credit and security
numbers could be revised by dropping that amount and bringing back a new
amount. City Engineer Mann stated the reason for the additional amount of
$100,000 was due to there being a change in the amount to accurately reflect what
was shown in the final construction plans as far as quantities of items. When
estimates for Letters of Credit are put together, staff uses bid prices they feel they
would get if they were to do the project. The 25% is basically an additional cost
that would cover administrative and staff time to actually administer those
improvements. As improvements are installed a conscious effort is made to
reduce the Letter of Credit. City Engineer Mann agreed that an agreement could
be worked out. City Attorney Jamnik suggested the Letter of Credit would not be
reduced for the public improvements, because some of that will be used to secure
3C,-&,
Council Minutes (Regular)
November 5, 2001
Page 5
the litigation settlement. The trade off will be Progress Land will have a lower
Letter of Credit up front, but it will not be released at the same pace as normal.
The December 22, 2000 Settlement Agreement will be modified.
MOTION by Soderberg, second by Strachan adopting RESOLUTION R97-01
approving the execution of the Meadow Creek First Addition Development
Contract and authorize its signing contingent upon the above conditions and
approval by the Engineering Division. APIF, MOTION CARRIED.
d) River Summit Meeting - Administration
An invitation was received to attend the first annual "River Summit" on
November 15,2001. It is important to Farmington because of the Vermillion
River.
e) League of Minnesota Cities Policy Adoption Conference - Administration
The annual LMC Policy Adoption Conference will be held November 16,2001.
The purpose of the conference is to bring together members of LMC to discuss
proposed policies of City interest and impact that need to be addressed during the
2002 Legislative session.
11. UNFINISHED BUSINESS
a) Set Workshop Date - Traffic Calming Methods - Engineering
The Council had requested a workshop to discuss traffic calming methods,
specifically speed humps. The workshop was scheduled for February 20, 2002 at
7:00 p.m.
b) Set Joint Workshop Date - Zoning Code Update - Community Development
This will be a joint workshop with the Council and Planning Commission to
discuss updates to the Zoning and Subdivision Codes. The workshop was
scheduled for December 12, 2001 at 5 :00 p.m. The public hearing at the Planning
Commission will be held in January 2002.
12. NEW BUSINESS
a) Consider Resolution - 19Stb Street W, Middle Creek Trunk Sanitary Sewer
and Water Main Extension Feasibility Report - Engineering
The City Council ordered the preparation of a feasibility report for street and
utility improvements requested by ISD 192 for the new elementary school site and
other adjacent properties. It is proposed the street improvements and utility
improvements be bid as two separate projects due to the different timing needs
and financing methods being utilized for the street and utility improvements. The
proposed improvements to 195th Street are from Flagstaff A venue easterly to the
existing pavement west of Pilot Knob Road, and will be made in cooperation with
Dakota County. County Road 64 has been identified as a future four-lane,
undivided, minor arterial and is the subject of a continuing study in the County's
East-West Corridor Study. The proposed project provides for a 24-foot wide
bituminous surface with shoulders and left and right turn lanes at the school
access. The proposed design builds the middle two lanes of the future four-lane
County road. The County has agreed to include their portion of the funding for
the 195th Street project in their program for 2003.
3~'7
Council Minutes (Regular)
November 5, 2001
Page 6
The trunk utility project would extend trunk sanitary sewer from the southwestern
corner of the Charleswood development to the north side of 195th Street. A trunk
water main loop would be completed from the southwestern corner of the
Charleswood development to an existing main at the southwest corner of the Troy
Hills development.
The estimated cost for the 195th Street project is $921,000. The estimated cost for
the trunk utility project would be $593,000. The 195th Street project costs will be
split between Dakota County, the City and the benefitin! properties adjacent to
the roadway. Dakota County has indicated that the 195 Street project will be
included for funding in their CIP for 2003. The City would bond for the
improvement costs in 2002 and be reimbursed for the County's portion in 2003.
The benefiting properties adjacent to the 195th Street improvements would be
assessed for their portion of the project costs. The costs for the trunk sanitary
sewer and water main would be financed from the City's trunk Sewer and Water
funds.
MOTION by Soderberg, second by Strachan adopting RESOLUTION R98-01
accepting the feasibility report and calling for a public hearing for the 195th Street
West project. APIF, MOTION CARRIED. MOTION by Soderberg, second
by Strachan adopting RESOLUTION R99-01 accepting the feasibility report,
ordering the project and authorizing the advertisement for bids for the Middle
Creek Trunk Sanitary Sewer and Water Main Extension project. APIF,
MOTION CARRIED.
13. COUNCIL ROUNDTABLE
Council member Strachan: Encouraged the Boy Scouts to become interested in local
government and to keep up with it as they get older. He also encouraged everyone to
vote in the school board election.
Mayor Ristow:
Thanked the Boy Scouts for attending.
14. ADJOURN
MOTION by Strachan, second by Soderberg to adjourn at 8:00 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~~ rr7~
Cynthia Muller
Executive Assistant
3C,CO
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7j
TO:
Mayor, Councilmembers and City Administrator € r
FROM:
Karen Finstuen, Administrative Services Manager
SUBJECT:
Various Licenses and Permit Renewals
DATE:
November 19,2001
INTRODUCTION
City Ordinance 3-2-5 states that the Council has the authority to approve both On-Sale and Off-
Sale Beer Licenses; Ordinance 3-25-7 regulates the granting of licenses for Billiard Halls;
Ordinance 3-7-3 regulates the granting of Cigarette Licenses; Gaming Device Licenses are
renewed by the City Council after application has been made in accordance with Ordinance 3-
16-2.
DISCUSSION
The following establishments have submitted their applications for renewal:
Beer On-Sale -
B & B Pizza, 216 Elm Street
Beer Off-Sale -
Tom Thumb Superette, 22280 Chippendale
Twin Cities A vanti Stores, LLC, 705 8th Street
Kwik Trip, 217 Elm Street
Super America, 18520 Pilot Knob Road
Gaming Device License -
Farmington Lanes, 27 5th Street
Farmington Billiards, 933 8th Street
B&B Pizza, 216 Elm Street
Billiard License - Farmington Billiards, 933 8th Street
Cigarette License - Longbranch Saloon & Eatery, 309 3rd Street
Farmington Lanes, 27 5th Street
American Lefion, 10 North 8th Street
VFW, 421 3r Street
Farmington Eagles Club, 200 3rd Street
Farmington Municipal Liquor Stores, 18320 Pilot Knob Road
Farmington Municipal Liquor Stores, 305 3rd Street
3~~
Farmington Conoco, 957 8th Street
Econo Foods, 115 Elm Street
Tom Thumb, 22280 Chippendale Blvd
K wik Trip, 217 Elm Street
Twin Cities A vanti Stores, LLC, 705 8th Street
Twin Cities A vanti Stores, LLC, 18266 Pilot Knob Road
Speedway SuperAmerica, 18520 Pilot Knob Road
The appropriate forms, fees and insurance information have been submitted with the
applications. Police Chief Dan Siebenaler has reviewed the forms and approved the applications
for issuance.
BUDGET IMPACT
The fees collected are as proposed in the revenue portion of the budget.
ACTION REQUESTED
Approve Licenses for the above mentioned applicants.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Services Manager
370
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
76
TO:
Mayor, Councilmembers, City Administrator e:.).
FROM:
Karen Finstuen, Administrative Services Manager
SUBJECT:
Accept Resignation - Heritage Preservation Commission
DATE:
November 19,2001
INTRODUCTION
Glenn Leifheit has resigned from the Heritage Preservation Commission as of November
5,2001.
DISCUSSION
A copy of the City Commission Appointment Process policy is attached. Staff has
researched the file and found that we do not have any applications on file.
The term for this vacated seat is through 1/31/03.
ACTION REQUESTED
Accept the resignation of Glenn Leifheit and include this seat in the search and
appointment process held in early January, 2002.
Respectfully submitted,
~.g~
Karen Finstuen
Administrative Services Manager
.37/
COUNCIL POLICY - 101-05-1997
CITY COMMISSION APPOINTMENT PROCESS
Policy Purpose
The purpose of this policy is to set forth the procedures to be used in appointing interested
citizens to the City Commissions~
The appointment of citizens to City advisory commissions and boards shall be made by the City
Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all
qualified candidates to consider relevant qualifications and interests, and appoint such members
as the Council deems in the best interest of the City.
Commission seats vacated by resignation and/or removal shall be appointed by first reviewing
any applications on file and/or any requests to be appointed by interested citizens having taken
notice of an existing vacancy. If no applications are on file, the City shall solicit applications for _
appointment by advertisement in the legal newspaper and other public mediums as appropriate.
Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal
expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated
seats during an unexpired term shall be in accordance with the City Code.
3)01
November 5, 2001
City of Farmington
325 Oak Street
Farmington, Mn 55024
Dear Karen Finstuen:
In February of2000 I was appointed to a 3 year term on the HPC. A have changed
positions on my job and my work hours are such that I am unable to make the meetings.
Please consider my resignation from the HPC as of this date. I appreciated the
opportunity to serve in this position.
Glenn Leifheit
18827 Easton Ave.
Farmington, Mn 55024
373
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7J
TO:
Mayor, Councilmembers and City Administrator -e;. \
FROM:
Ken Kuchera, Fire Chief
SUBJECT:
Capital Outlay - Fire Department
DATE:
November 19,2001
INTRODUCTION
The Fire Department is planning to purchase a multi-use hose bridge set with cribbing and a
portable hose tester.
DISCUSSION
The hose bridge will make it possible to drive over any size fire hose. This will protect the hose
as well as vehicles. The cribbing will have numerous usages for Rescue as well as Fire.
With the fire hose tester, multiple hoses can be tested at one time. Periodically this unit will be
used to test worn and damaged hoses.
BUDGET IMPACT
Approved in the 2001 Capital Outlay Budget.
ACTION REOUESTED
F or information only.
Respectfully submitted,
~k'~
Ken Kuchera
Fire Chief
3"'}</
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. . - . ." - .
. 8/01
TURTLE PLASTICS
7450 A INDUSTRIAL PKWY. . lORAIN, OH 44053-2064
440 .282.8008 . FAX / 440 .282.8822 or 800. 437.1603
e mall: sales@turtleplastics.com . www.turtleplastlcs.com
New Product:
Lincoln Logs
Slip Resistant Discussion and History
When we originally introduced DURA CRIB plastic cribbing, the main idea was to have a NON-
ABSORBING product that would be resistant to gasoline, oil, blood, etc. In making it non-
absorbing, it also became slicker than is desirable.
We have reacted with three solutions:
1. New "Checker Board" Pattern - with weight it locks tight (Standard Cribbing)
2. DURA COAT -Factory or field applied coating with rubber tire chips for more slip-resistance.
Dura Coat can be applied to any Dura Crib Product or surface (Adder to Standard Cribbing)
3. Lincoln Logs - (New)
. Pridng: Dealer: $ 20.25 .'\)Q.u.-dJi/
Speciall
Close Out Of Old Styled Lincoln Logs!
Same idea as above, but uses standard
cribs with the notches ROUTED out.
Only $ 9.93 each in black
Locks positively for a 2 or 3 box crib!
( Add 20 % for yellow)
Send Samples: Company:
ill
Name:
New Lincoln Log
Address:
State:
Zip:
ill Old Style Lincoln Log City:
Phone:
ill
Dura Coat Crib
Fax:
(Fax this back to us at 800-437-1603 for samples)
..
Made from recycled paper\."
19M
ON\VAY
Fire Ap,-,"ua & !qulpmant
907 Whllew.., A.IJ..
SI. CI\arIet, UN SSll72
1-aoo..l>>-1lI1l11 . .w.r.a2.liIl!6
FAX: .o1M_
TANKERS
CU810l.l PUMPERS
COMMERCIAl. PUMPERS
r.tI~LlMPERS
RESCue TRVCKS
AMlWLANCESJSUPPUES
ACCeSSORIES
USED TRUCKS
*
'HJ~T.AI lr~ OiN
H 002910
roo
PLEASE CATE THE ABOVE NlJlASEA
EN ORDERING
fARHINGTON rIRE DEPARTMENT
ATnI: BOB CURT'tS
315 Oak Street
FARKINCTO~, MINN 55024
rQ..lQTATIOIo iin----r
r _.._J0I31/01 ! .
IIHCllJ:NYClAll!! I
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.,: .....,.,..'.."'1...... ....,.
<:;Oi!Affi:'tt:':~.,i :,,;:~r:/:; .X;' ,:'.
: 1 DELTA HOSE
I
",9.:.~ ~ ~'; .:.. ...j~sc;~,~l~a,.'tfr2~~f\
TEST~R, MODEL 'HT-1250
;,. ~'.; .,.
4 FA.
2 Ea.
1%" lisr RICID PEMALE 8"21 IilST :!tALE AD.l.PTER
1~ NST lUGID FEMALE BY 4" STORZ ADAPTER
1, NST FT.MAl.1! BY 5" STOU ADAPn~S
$40 00
2 Ea.
s
l;190 I 00
S250.00
I
T AL
$1,960. ?O
128. 0
$2,108. 0
6.5%
OTAL
I
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ll'RIlI<THI INCLU ED'.
I'
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~N'" D 1'0 til.8Ur T _QUOTA'I1ON"""''l'OlMCClHIID<:....11ON. $HO(fUl "'" PLX/E NO 0RllEft,'" """"ROO IT '
QU<)T& Hili nOT c:oHllITlOHaI'NNTI!DOHIII!'II:"_.'l1E.NIDIlH,ouOfOA ..~ DAYII.TIEREN'lERI1~
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R~W OWl ~TAngmQN. THIS
T TO ctlANGE WI1HOUT NOTIOE.
BY
ACCS'~D_..
______.____. ,.~..., __ ~Te;
. I
C7l' . (1.101.1.1
. -iLL
~~
F onn B-4
CAPITAL OUTLA Y REQUEST FORM
1. Budget Year:
2001<(6
FI rZ-e
.
2002 ( ) 2003 ( ) 2004 ( ) 2005 ( ) 2006 ( ) 2007( ) 2008 ( ) 2009 ( ) 2010 ( )
Prepared by:
350
k-[~
Type or Capital Outlay (Check one) /'
4510 Operational Equipment ( V(
4520 Vehicle ( )
4530 Misc. Office & Furn. ()
4540 Heavy Equipmt ( )
4550 Building Imp. ( )
2. Department
Cost Center
3. Type of Request:
Replacement Item ( )
4. Descripti~n OUW Quantity of Ite"fs requ.ested: ~i-P.lQALt ~
~-dL ~ ~tVt, / w ~ w hLtl5.
:~~;~~~e~~~~~ wd-
n. ~ ~ W~ };f~'~ w~J~:F~~.
6. Additional ex nses required (Personnel, training, insurance. operational expenses, etc.)
T~~ w;jfl ~(jMvU Jv; ~ 4/\/; cA5f-
7. List any items, ifany, being replaced by this purchase:
,JIA-
Proposed disposition of item to be replaced:
Auction sale
Trade-in
Transfer to another activity _
Estimated amount of sale or trade-in $
Source:
8. Expenditures (Do not deduct trade-in allowances)
Quantity id1:lf-- Unit Cost 3~ 0 0 . Q a
Total Cost :3 I CJ 5. tJ Cl
Sales Tax
/ 1$ ~
12. Please check the priority of the requerubmitted:
_1. Mandatory _2. Significant /3. Moderate
4. Desirable
5. Low
DELTA'S LITTLE GIANT
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(Also doubles as a pressure washer)
Delta's Model HT-1250 Includes:
* FREE 1 V2" NST Adapters On All Four Outlets
* All Stainless 1" 2,500 PSI Manifold
* Beautiful Red Powder Coated Heavy Duty Steel
Cart With 2" Ball Bearing Caster Wheels
* Powerful 1 HP Wet Environment Motor
* Delta's Fully Automatic Check Valve System
(Reduces Labor - Increases SAFETY)
* 2.2 GPM Oil Bath Pump
* Delivers Up To 800 PSI Pressure
(Pressure washing equipment not included).
* 1 V2" NST Swivel Inlet Connector
* Complies With NFPA Standards
* 10 YEAR Limited WARRANTY
Delta's smallest model, the HT-1250 fills hose from a 1 W'
I'\JST supply line then pressurizes through a W' opening in
(ompl iance with NFPA #1962, Equipped with 1 W' NST
adapters, Delta's HT-1250 will arrive ready to test hose,
Attach proper adapter and test Any Size hose,
Model HT-1250
75 Ibs.
list $1695.00
Please call today for WHOLESALE prices.
(See page 6 for accessory prices,)
Now on GSA #GS07F0182j
Fire Departments, fax your order - we ship the same day
Investigate Before You Invest:
The closer you look -
the better we look!
When investing in a fire hose tester, the following
four important specifications should be considered:
Quality & Size of the manifold, pump, motor & valves.
Delta's hose testers are the largest in size
and unmatched in quality.
Delta's new check valve system makes
hose testing FASTER and SAFER.
Following are exclusive to Delta fire hose testers:
* Stainless Manifolds * Stainless Carts *
* Oil Bath Pumps * Wet Environment Motors *
* 800/1000 PSI Pressure Delivery *
* Fully Automatic Check Valve System *
THINK QUALITY
THINK DELTA
.
Fax 888-575-9628
www.deltahydro.com
Please call Delta for names
of customers in your area
IMPORTANT
BULLETIN'
DELTA HY .
PATENTED DRo is the Onl
:UTOMATlC S::~NLESS lT~~se testing eqUi
p:'o~~:nents UtiliZ;:~ gHECI< ~A~~i/FOLD ::ent Offering
exc N7: extended Ser ~Lr~ HYDRO' SYSTEMS. Pr .
LIFETIME ~A t ndards ;/ce lIfe. Delta' S cOnstructionemlum
'A.RRANTY nd are back s eXClusive t
DELTA'S . ed by a limited eatures
e/j' at t h
mmating m eck Valv
presSurizatio anUal oPe ratio s stem is fUll
automaticall n. DELTA'S n during h~
Offering th Y ShoUld a h ~he;:'k .~~.e test
eXClusive e operator e~t oSe fail d~gVt Iv close
th a tom' .. ra Sat t estin
e fastest and ' Sat the Y protectio g, thereby
safest Wa ck v Iv n. DELTA'S
~E~TA'S selecti y to test hOse. t m facilitates
qUIPment to fit :n of six mOdel
Very de s offers h
partment' oSe test"
s bUdget 109
and needs.
For a safer and better quality hose
tester, insist on a Delta. Please
inform your procurement agent
Delta is a SOLE SOURCE manufacturer.
.
US & Canada 800-953-7428 or 909-696-7744
Page 4
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
k
TO:
M C '1 b C' Ad . . ~. ~.
ayor, ouncl mem ers, Ity mmlstrator
FROM:
James Bell, Parks and Recreation Director
SUBJECT:
Adopt Resolution - Tree City USA Application
DATE:
November 19, 2001
INTRODUCTION
Council consider the adoption of a resolution authorizing application for the City's Tree City
USA designation.
DISCUSSION
The City has received the Tree City USA designation the past number of years. Council
adoption of the attached resolution will authorize the application for the Tree City USA
designation for 2001. This designation honors cities that have demonstrated a commitment to
forestation efforts in their respective communities.
ACTION REOUESTED
Adopt the attached resolution authorizing the application for the 2001 Tree City USA
designation.
Respectfully submitted,
l~~
James Bell
Parks and Recreation Director
375
RESOLUTION No. R -01
APPROVE APPLICATION FOR TREE CITY USA DESIGNATION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day
of November, 2001 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City of Farmington has been designated a Tree City USA in the past;
and,
WHEREAS, it is in the best interest of the City to become a Tree City USA.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby directs
staff to submit an application to the National Arbor Day Foundation for the 2001 Tree
City USA designation.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 19th day of November, 2001.
Mayor
Attested to the
day of November, 2001.
City Administrator
SEAL
37~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
M C '1 b C' Ad . . { <.
ayor, OunCl mem ers, lty mlmstrator
FROM:
Karen Finstuen, Administrative Services Manager
SUBJECT:
Heritage Preservation Commission 2001 Annual Report
DATE:
November 19,2001
INTRODUCTION
The Heritage Preservation Commission is required by ordinance to make an annual report
to the City Council.
DISCUSSION
Attached is the annual report submitted to the State Historic Preservation Office for the
purpose of documenting the City's performance as a Certified Local Government (CLG).
The report contains information on the activities of the HPC during the Federal fiscal
year which began October 1, 2000 and ended September 30, 2001.
ACTION REQUIRED
This is for your information only.
Respectfully submitted,
Jitu- ~~
Karen Finstuen
Administrative Services Manager
l-f'
J7,?
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
CERTIFIED LOCAL GOVERNMENT
ANNUAL REPORT
FEDERAL FISCAL YEAR 2001
Prepared by
Robert C. Vogel
Preservation Planning Consultant
October 1, 2001
This report is submitted to the State Historic Preservation Office (SHPO) of the
Minnesota Historical Society for the purpose of documenting the City's
performance as a Certified Local Government (CLG) during Federal fiscal year
2001, which began October 1, 2000, and ended September 30, 2001.
1. National Register Nominations
There were no National Register nominations during the past year. Three
properties in the city are currently listed in the National Register: the Akin House,
the Exchange Bank Building, and the Church of the Advent.
2. Local Designations
The city council designated the following historic properties as Farmington
Heritage Landmark by resolution:
Fletcher Building, 345 Third St.
Masonic Temple Building, 324-328 Third St.
Farmington State Bank Building, 320 Third St.
Hamilton Clay House, 621 Oak St.
3. Permits Reviewed
There were no applications for city permits that would affect a designated historic
property .
4. Historic Properties Surveyed
The number of historic properties included in the city's historic resources
inventory did not change. The Heritage Preservation Commission continues to
collect and analyze historical and architectural data on properties recorded at the
reconnaissance level.
37?
5. Heritage Preservation Commission
Ms. Beverly Marben, who had served as HPC chairperson since February, 2000,
resigned from the Commission in June, 2001. The vacancy was filled by Timothy
Rice.
6. Other Activities
. The city celebrated Historic Preservation Week (May 13-19, 2001) with a
proclamation and a public lecture on local architecture history by preservation
planner Robert Vogel.
. The HPC held a series of informational meetings and workshops to educate
city officials and property owners about the benefits of heritage landmark
designation.
. HPC staff continued to work on implementing the policies contained in the
Historic Preservation Element of the Farmington 2020 comprehensive plan.
377
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
~
TO:
M C "I b d. d." ~~
ayor, ounCI mem ers an CIty A mmIstrator
FROM:
James Bell, Parks and Recreation Director
SUBJECT:
Amended Addendum to Agreement - NRG Yard Waste Facility
DATE:
November 19,2001
INTRODUCTION & DISCUSSION
The City of Farmington has a joint powers agreement with the cities of Lakeville, Apple Valley,
Rosemount and NRG Processing Solutions, L.L.C. for the NRG Yard Waste Facility on Pilot Knob.
The agreement terminates December 31, 2002 and the last year is reserved for site tear down and
clean up. The cities and NRG would like to amend the contract so that after February 16, 2002 NRG
will still be allowed to accept materials at the Pilot Knob Road site and transfer them to another site
for processing.
BUDGET IMPACT
The agreement requires no financial commitment from the cities.
ACTION REQUESTED
Approve the amended addendum on the existing contract.
Respectfully submitted,
~~~
J ames Bell
Parks & Recreation Director
3<i?o
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
74
~.\
TO: Mayor, Councilmembers, City Administrator
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: 195th Street Project Change Order
DATE: November 19,2001
INTRODUCTION
Forwarded herewith for Council consideration is Change Order No. 2 for the 195th Street Project.
Change Order No. 1 was a request by the contractor in regards to the completion date for the project,
which has not yet been brought before Council. The project will be substantially completed this fall
and the requested change in completion date is expected to have no impact at this time.
DISCUSSION
The attached change order is in the amount of $63,196.23. The change order items include minor
storm sewer modifications and signage at the intersection of 195th Street and Akin Road. The
majority of the cost in the change order is due to additional required replacement of unsuitable soils
in the roadbed.
BUDGET IMPACT
The total amount of the change order is $63,196.23. This amount is within the project contingency.
The original construction budget on the project was $998,900. The bids for the project came in at
$695,122.37. The revised contract amount with the change order will be $758,318.60.
ACTION REQUESTED
Approve Change Order No.2 for the 195th Street project in the amount of$63,196.23.
Respectfully Submitted,
~m~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
cc: file
3~1
j /UI Bonestroo
fit Rosene
'W\lI Anderlik &
1 \J 1 Associates
gineers & Architects
Owner: City of Farminmon, 325 Oak St., Farmington, MN 55024 Date November 5,2001
Contractor: Arcon Construction Inc., 43249 Frontage Rd., Harris, MN 55032
Bond No:
Bond Comoanv:Cedarleaf, Cedarleaf & Cedarleaf, Inc.-MN, 360 W. Larpenteur Ave., St. Paul, MN 5511190-009-683
CHANGE ORDER NO. 2
195TH STREET EXTENSION
BRA FILE NO. 141-00-137
Descriotion of Work
Item 1 - Added storm MH and modified outlet to accommodate grade transition.
Item 2 - Additional common borrow required due to additional removal of unsuitable materials.
Item 3 - Additional signage for permanent 4-way stop at 195th 81. and Akin Road.
Item 4 - Temporary signage for 4-way stop at 195th St. and Akin Road.
Contract Unit Total
No. Item Unit Quantity Price Amount
CHANGE ORDER NO.2
Add Manhole and modify outlet EA $3,492.76 $3,492.76
2 Common borrow (CY) CY 12000 $4.90 $58,800.00
3 Sign panels, Type C SY 4.7 $22.44 $105.47
4 Temporary Signage LS $798.00 $798.00
Total CHANGE ORDER NO.2: $63,196.23
14 100 137CH02
3<6'~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7;'
TO:
Mayor, Councilmembers, and City Administrator~ \.
FROM:
Brenda Wendlandt, Human Resources Manager
SUBJECT:
Appointment Recommendation - Department of Parks and Recreation
DATE:
November 19,2001
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Park Keeper to fill a new
position authorized in the 2001 Budget in the Parks and Recreation Department, has been
completed.
DISCUSSION
After a thorough review of applicants for this position by the Parks and Recreation Department and
the Human Resources Office, an offer of employment has been made to Mr. Jason Place subject to
ratification by the City Council.
Mr. Place has been employed in a seasonal capacity with the City both at the Arena and in the Park
Maintenance Divisions performing a variety of functions. He was previously employed with
Farmer's Mill and Elevator providing ground maintenance and customer service.
BUDGET IMPACT
Funding for this position is authorized in the 2001 budget.
RECOMMENDATION
Approve the appointment of Mr. Jason Place as Park Keeper in the Department of Parks and
Recreation, effective November 20,2001.
Respectfully submitted,
// - J /' 1,4 , ~u.....
~~~~1-
, Brenda Wendlandt, SPHR
Human Resources Manager
:3~3
So-
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
Mayor, Councilmembers, City Administrator f ~
TO:
FROM:
SUBJECT:
Robin Roland, Finance Director
Consider Resolution - Certification of Delinquent Municipal Services to
2002 Tax Rolls
DATE:
November 19, 2001
INTRODUCTION
The City's municipal services (utilities) experience delinquent accounts similar to private
enterprises.
DISCUSSION
Minnesota State Statutes 444.075 grants municipalities the authority to certify delinquent utility
accounts to property owners' real estate taxes as a special assessment for collection. This
statute provides the City with the ability to collect unpaid accounts without incurring significant
administrative costs.
All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and
may pay their delinquent amount by December 1, 2001 to avoid certification. The notice advised
delinquent utility customers that the City Council would consider this item on November 19, 2001
at a public hearing.
BUDGET IMPACT
At the time of notice, 386 accounts in the total amount of $156,983.53 were outstanding.
Payments have been received and applied to account balances in the interim. Only those
accounts with delinquent balances remaining after December 1, 2001 would be certified to the tax
rolls as a one-year special assessment.
ACTION REQUIRED
Adopt the attached resolution certifying the delinquent accounts as special assessments to the
2002 taxes of the appropriate properties.
Respectfully submitted,
~J
Robin Roland
Finance Director
..3~5
PROPOSED RESOLUTION R . 00
CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS
TO THE DAKOTA COUNTY TREASURER/AUDITOR
Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of
Farmington, Minnesota, was held in the Civic Center of said City on the 19th day of November
2001 at 7:00 P.M.
The following members were present:
The following members were absent:
Member introduced and Member seconded the following resolution:
WHEREAS, the City has provided sewer, water, storm water and solid waste removal services to
users of the municipal utilities; and
WHEREAS, the City has invoiced these users for the services and payment on some of these
invoices is delinquent; and
WHEREAS, Minnesota Statute 444.075 allows the City to certify charges associated with the
municipal services as special assessments with the County Auditor,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that:
1. Delinquent charges associated with the municipal services shall be certified to the County
Auditor for collection as special assessments.
2. The special assessments shall be due and payable over a term of one (1) year at an annual
rate of eight (8.0) percent.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November 2001 .
Mayor
Clerk/Administrator
Attested to the
day of
,2001.
3C;S-5
/Q
CITY OF FARMINGTON
SUMMARY OF REVENUES
AS OF OCTOBER 31, 2001
83.33 % Year Complete
$ $ % $ %
GENERAL FUND
Property Taxes 1,794,534 364 911,081 50.77 877,322 55.27
Licenses/Permits 809,175 192,733 908,342 112.26 742,035 95.53
Fines 55,000 6,130 71,095 129.26 56,419 80.60
Intergovernment Revenue 1,144,220 127,511 731,646 63.94 663,234 58.68
Charges for Service 209,000 4,429 117,630 56.28 173,366 62.33
Miscellaneous 234,000 36,106 210,473 89.95 172,592 - -68.98
Transfers 375,000 32,041 313,291 83.54 243,756 126.63
Total General Fund 4,620,929 399,314 3,263,558 70.63 2,928,724 68.35
SPECIAL REVENUE
HRA Operating Fund 82,000 3,233 3.94 42,466 55.15
Police Forfeitures Fund 2,000 500 13,523 676.15 4,400 66.67
Recreation Operating Fund 288,057 103,467 245,147 85.10 112,595 100.85
Park Improvement Fund 102,000 31,442 119,635 117.29 76,907 43.09
ENTERPRISE FUNDS
Ice Arena 203,000 27,608 132,718 65.38 117,072 53.53
Liquor Operations 2,356,500 185,236 1,935,217 82.12 1,802,555 85.63
Sewer 1,068,500 160,450 1,192,659 111.62 701,530 73.85
Solid Waste 1,220,000 2,917 889,523 72.91 803,817 79.19
Storm Water 225,000 4,166 179,884 79.95 189,228 126.15
Water 1,270,000 69,971 1,135,951 89.44 1,095,921 121.77
Total Revenues
8,854,486 795,169 6,982,424
78.86 7,875,215
101.80
3?6
CITY OF FARMINGTON
SUMMARY OF EXPENDITURES
AS OF OCTOBER 31, 2001
83.33 % Year Complete
GENERAL FUND
Legislative 82,556 6,783 55,546 67.28 39,919 56.06
Administration 290,036 26,293 260,572 89.84 232,209 80.37
Personnel 110,263 4,186 88,709 80.45 67,886 70.87
MIS 42,970 1,248 43,658 101.60 24,853 64,79
Elections 3,775 65 3,588 95.04 9,373 43.76
Communications 58,470 3,920 48,380 82.74 47,498 79.92
Finance 331,591 25,777 282,583 85.22 263,397 83.73
Planning/Zoning 129,571 10,076 108,409 83.67 95,975 79.48
Building Inspection 221,247 19,157 187,436 84.72 176,568 79.04
Community Development 91,933 6,117 66,422 72.25 68,176 81.93
Police Administration 308,430 20,955 244,544 79.29 213,963 80.14
Patrol Services 961,213 61,754 708,832 73.74 627,871 79.60
Investigation Services 81,362 9,083 67,864 83.41 56,030 76.80
Public Safety Programs 60,704 5,723 49,546 81.62 47,512 87.14 -
Emergency Management 11 ,400 3,131 17,728 155,51 277 19.79
Fire 293,577 7,335 162,791 55.45 185,417 70.57
Rescue 36,988 278 30,707 83.02 26,196 74.10
Engineering 242,481 18,176 195,768 80.74 135,774 68.58
G.I.S. 19,083 130 3,627 19.01 7,703 53.68
Streets 323,654 28,129 256,811 79.35 251,852 88.51
Snow Removal 70,843 3,728 64,790 91.46 37,373 64.28
Signal Maint 87,204 4,534 53,867 61.77 56,672 72.80
Fleet 72,873 8,168 65,434 89.79 45,451 77.33
Park Maint 240,557 14,301 251,885 104.71 194,962 84.61
Tree Maint 72,482 2,445 27,669 38.17 29,033 81,72
Building Maint 103,542 5,887 90,060 86.98 71,264 77,07
Senior Center 0 0.00 60,704 75,22
Recreation 151,069 7,457 98,348 65.10 88,592 78.30
Pool 0 0.00 108,035 97,30
Outdoor Ice 29,909 329 10,255 34.29 6,908 49.52
Transfers Out 110,707 92,256 175,286 158.33 16,668 83.34
Total General Fund 4,640,490 397,422 3,721,116 80.19 3,294,111 78.64
SPECIAL REVENUE
HRA Operating 80,965 40,021 49.43 43,547 54,62
Police Forfeitures Fund 3,355 66 10,852 323.46 18,422 135,32
Recreation Operating Fund 281,860 22,279 259,986 92.24 106,920 95,76
Park Improvement Fund 50,000 128,610 257.22 91,784 32.38
ENTERPRISE FUNDS
Ice Arena 210,633 16,384 169,561 80.50 149,311 63,85
Liquor Operations 2,251,923 187,705 1,837,409 81.59 1,670,992 84.55
Sewer 869,291 83,103 737,686 84.86 766,208 80.14
Solid Waste 1,175,377 71,807 966,517 82.23 681,087 80,73
Storm Water 84,665 19,149 143,738 169.77 180,500 514.20
Water Utility 469,387 88,299 589,153 125.52 402,107 125.35
Total Expenditures 10,029,926 866,998 8,450,058 84.25 7,206,067 80,12
3<iJ7
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
/06
TO:
Mayor, Council M~bers,
City Administrator~.. \..
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Consider Resolution - Charleswood 6th Addition Preliminary & Final Plat
DATE:
November 19,2001
INTRODUCTION
Newland Communities proposes to replat the Charleswood 4th Addition in an effort to correct a property line
adjustment between Newland Communities and Bob Donnelly, 20080 Flagstaff Avenue. The Charleswood 6th
Addition plat identifies three lots that are affected in the property line shift including Lot 1 Block 1, Lot 2
Block 1, and Lot 1 Block 2. The total area of the Charleswood 6th Addition plat is 0.71 acres or 30,779 square
feet.
DISCUSSION
The Charleswood 6th Addition is located on the southwestern edge of the Charleswood development along
200th Street. Mr. Donnelly's property is adjacent to the Charleswood development on the west.
A fence owned by Mr. Donnelly currently exists on the Charleswood property owned by Newland
Communities. Since the fence has existed for a number of years on the property owned by Newland
Communities, Minnesota State Statute allows an adverse possession to take place. Newland Communities is
in agreement with the adverse possession.
Therefore, the Charleswood 4th Addition plat needs to be replatted to take into account the fence line owned by
Bob Donnelly. The property line shown on the Charleswood 4th Addition plat has moved approximately 2 to 4
feet to the east in the rear lots of the Charleswood 6th Addition plat on Lot 1 Block 1, Lot 2 Block 1, and on the
side lot of Lot 1 Block 2.
With the property line adjustment, the square footages of the three lots has decreased, however, the lots
continue to meet the City's minimum lot size of 10,000 square feet. The revised lot areas are as follows:
Lot 1 Block 1 = 10,019.7 square feet
Lot 2 Block 1 = 10,018.2 square feet
Lot 1 Block 2 = 10,467.5 square feet
3~
ACTION REQUESTED
Consider adoption of the resolution approving the Charleswood 6th Addition Preliminary and Final Plat
contingent upon the following:
1. The Final Plat approval is contingent on the approval of the construction plans for grading, storm water
and utilities by the Engineering Division.
}ZlY(~
Lee Smick, AICP
Planning Coordinator
cc: Steve Juetten, Newland Communities
3?i9
RESOLUTION NO.
APPROVING PRELIMINARY FINAL PLAT AND AUTHORIZING
SIGNING OF FINAL PLAT
CHARLESWOOD 6TH ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of
November, 2001 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member _ seconded the following:
WHEREAS, an application meeting City requirements has been filed seeking preliminary and
final plat review and approval of Charleswood 6th Addition; and
WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on
the 13th day of November, 2001 preceded by 10 days' published and mailed notice, at which all
persons desiring to be heard were given the opportunity to be heard thereon; and
WHEREAS, the Planning Commission reviewed and recommended City Council approval of the
Charleswood 6th Addition Preliminary and Final Plat at its meeting held on the 13th day of
November; 2001 and
WHEREAS; the City Council reviewed the Charleswood 6th Addition Preliminary and Final Plat;
and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly
served by municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above preliminary and final plat be
approved and that the requisite signatures are authorized and directed to be affixed to the final
plat with the following conditions:
1. The Final Plat approval is contingent on the approval of the construction plans for grading,
storm water and utilities by the Engineering Division.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of November, 2001.
Mayor
Attested to the _ day of November, 2001.
City Administrator
3~O
APPLICATION FOR PLAT REVIEW
DATE: October 1,2001
PLAT NAME:
CHARLESWOOD 6th ADDITION
LOCATION: Lots 17 and 18, Block 1, Charleswood 4th Addition and Lot 1, Block 3,
Charleswood 4th Addition
AREA BOUNDED BY: Charleswood 4th Addition to the north and east, wetlands to the south, School
District property to the east north and Donnelly Property to the west.
TOTAL GROSS AREA: _.71_ acres (30,779 square feet)
ZONING DISTRICT: R-3 Planned Unit Development
NAMES AND ADDRESS OF ALL OWNERS: Astra Genstar Partnership, L.L.P., 11000 West 78th
Street, Suite 201, Eden Prairie, Minnesota 55344.
PHONE:
(952) 942-7844
NAME & ADDRESS OF LAND SURVEYORJENGINEER:
7599 Anagram Drive, Eden Prairie, Minnesota 55344.
Westwood Professional Services,
NAMES & ADDRESS OF ALL ADJOINING PROPERTY OWNERS AVAILABLE FROM:
See attached list.
PLAT REVIEW OPTION:
Preliminary and Final Plat
PRELIMINARY & FINAL TOGETHER:
Yes
IN SEQUENCE:
PRE AND FINAL PLAT ADMIN. FEE:
PRE PLAT SURETY:
I HEREBY CERTIFY THAT lAM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND,
THAT THE PERSON PERPARlNG THE PLAT HAS RECEIVED A COpy OF TITLE 11,
CHAPTERS 1 THRU 5, ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12
ENTITLED "ZONING" OF THE FARMINGTON CITY CODE AND WILL PREPARE THE
PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED THEREIN.
r~\ @: @ r~ 0'07 @, ~ ~Fff=)
'1~\'11 OCT -22001 ll,!UI s~~~~
U \~ ,l!jJ DATE/ / .
ADVISORY MEETING:
1.
SKETCH PLAN
2.
STAFF AND DEVELOPER CONSENSUS
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/Oe,
TO:
Mayor, Council Members,
City Administrator f t
FROM:
Michael Schultz
Associate Planner
SUBJECT:
Middle Creek Estates Preliminary Plat -
Middle Creek Planned Unit Development
DATE:
November 19,2001
INTRODUCTION
Arcon Development, Inc. and D. R. Horton is seeking approval of the Middle Creek Estates
Preliminary Plat. The plat consists of26 single-family lots on approximately 40.74 acres ofland and
is located south of the Pine Knoll neighborhood and west of Akin Road.
DISCUSSION
The applicants, DR Horton and Arcon Development, are seeking Preliminary Plat approval for the 26
single-family lot Middle Creek Estates plat; the plat is a part ofthe overall Middle Creek Planned Unit
Development.
The plat is located directly south of the Pine Knoll neighborhood and west of Akin Road, situated on
top of a wooded ridgeline that slopes toward two wetlands and the Middle Creek tributary. The
development will be secluded with only one proposed access off of Akin Road that forms a 1,410-foot
long cul-de-sac. The Planning Commission also approved a 910-foot variance to allow for the cul-de-
sac (see attached memo). A land swap arrangement has been verbally agreed to with Michael &
Patricia Haley to swap a comer of their property with Outlot B, located behind their property, to allow
for the access into the property.
The developers have indicated that because this property has a high aesthetic value due to the natural
terrain and features that the housing within this development would likely be within the $300,000 to
$500,000+ range. Development of this site is anticipated to begin this spring.
Planning Commission Decision
The Planning Commission held a public hearing on November 13, 2001 and forwarded a
recommendation of approval based on the below listed contingencies as submitted by staff and
amended by the Commission at the meeting. Some of the issues have since been resolved and the
status of each is shown in italic after each contingency.
3~c;
1. All Engineering comments are addressed as given within the letter dated October 22, 200 I from
Lee Mann, Public Works Director/City Engineer that include:
I. The developer should realign the driveway of the existing home located to the north of the
access to Akin Road in order to access from the proposed roadway. This will allow a
safer turning lane into the development;
Status: The developer has a verbal agreement with the Haley's to swap the needed right-
of-way access with Outlot B shown on the plat. City staff met with the developer and land
owner earlier this year, which the property owner appeared to be in agreement with the
land swap.
Il. The developer needs to determine where wetland mitigation will occur for the impacts on
wetland #2;
Status: A wetland mitigation area has already been constructed by the developer on the
site but has not formally been approved by the TEP panel. The developer is claiming that
there is enough wetland created to create a "bank" for future wetland impacts. John
Smyth, Bonestroo Rosene Anderlik & Associates Engineering, the City's wetland
consultant, is requiring that the developer complete a wetland impact application and
follow the formal process. The developer's EA W identified two potential wetland
mitigation sites, one located south of the MN DNR wetland within the future park area.
lll. Additional fire protection coverage should be added for Lots 13 and 14, Block 2 to cover
the minimum 225-foot radius from hydrants.
Status: New plans have been submitted identifYing that the fire hydrant was shifted to the
other side of the road to cover lots 13 and 14.
2. The developer address all comments given in a letter dated October 30; 2001 from Lee Smick,
Planning Coordinator that include:
I. Outlot A be split into wetland area and parkland dedication;
Status: The developer is amenable to splitting Outlot A to identifY actual parkland
dedication. This boundary line will be shown on the final plat.
Il. A Conservation Easement be dedicated to protect the vegetation;
Status: The developer has agreed to file a separate Conservation Easement document with
Dakota County; the County will not accept these type of easements to be identified on a
final plat.
Ill. Require a tree inventory to determine removal limits of trees on the property;
Status: City staff and the developer's engineer are in the process of scheduling a date to
walk the site to identifY older growth trees and will determine which trees can be saved as
part of the plan. The study area will include only that area from house pad to house pad
and not the entire plat.
3Cfl
IV. Require a sidewalk on one side of the 28- foot wide street;
Status: The developer is agreeable to installing a sidewalk on one side of the street that
willleadfrom Akin Road to the trail head recommended between Lots 1 & 2, Block 2.
v. Additional landscaping be required surrounding the storm water management pond in
Outlot G;
Status: City staff has recommended that additional landscaping be added around the
storm water pond, especially in areas where vegetation will be lost in order to construct
the pond. The developer is willing to add additional landscaping in this area.
3. The Parks & Recreation Division recommends a trail be installed between Lots 1 & 2, Block 2
within the 20-foot wide drainage & utility easement;
Status: The developer is agreeable to constructing a trail head between Lots 1 & 2, Block 2 that
will lead to the future park area.
4. The developer address comments from the Heritage Preservation Commission involving the
identification and protection of the Presbyterian Cemetery;
Status: The developer is agreeable to establishing property boundary markers at each corner of
the cemetery and to conduct another survey to identify if there are any additional markers outside
of the property. The developer added that they should not be responsible for establishing a fence
around the perimeter for protection.
5. The developer complete a tree inventory and submit a tree preservation plan to be reviewed by the
Planning Commission and approved by City Planning staff.
Status: The developer is willing to complete a tree inventory of the area from house pad to house
pad and is currently being coordinated with City staff.
Area Summary of Plat
The following is a summary of the acreages for each area:
Total Area
Total Lot Area
Total Outlot Area
Total Right-of-Way
Largest Lot Area
Smallest Lot Area
Average Lot Area
Gross Density
Net Density
Transportation
40.7428 acres
11.2115 acres
27.1774 acres
2.3539 acres
35,127 square feet
12,150 square feet
18,783 square feet
1.95 Units/acre
2.32 Units/acre
The developer is proposing a secluded single-family lot development with a single access off of Akin
Road; no other future stub streets are planned. The Hansen property, located to the southeast, is
currently a large lot estate with no pending development plans. The Hansen property also contains a
3 9<6'
large amount of flood zone that is located on the south half of the property and bisects the property in
half(see attached map).
Any future road access to serve the Hansen property could possibly be stubbed through Outlot I to
serve the buildable area, ultimately creating a longer cul-de-sac (ifthe road is not looped to Akin Road
or 208th Street). The alternative road access to serve the Hansen property would be by creating
another long cul-de-sac off of Akin Road. There are possible design concerns by creating staggered
road intersections beginning at 208th Street to the proposed Middle Creek Estates access.
Wetland Requirements
Wetlands are located on three sides of the proposed plat. A MN DNR protect wetland is located to the
west that requires a minimum seventy-five (75) foot buffer. A Manage 1 wetland is located to the east
of the plat, allowing an average buffer of fifty (50) feet and requiring a minimum thirty (30) foot
buffer. Also a Manage 2 wetland is located along the southern edge of the plat but should not impact
any of the platted lots. The minimum structure setback from all the above buffer areas is ten (10) feet.
Another small wetland, identified as wetland #2, located on the north side of the plat and south of the
entrance access, will be impacted by the development. John Smyth, Bonestroo Rosene Anderlik &
Associates Engineering, is recommending that the developer's engineer submit a wetland impact
application and follow the formal sequencing process.
As part of the Development Contract, the developer will be responsible for the installation of wetland
and conservation identification signage.
Engineering Comments
Lee Mann, Public Works Director/City Engineer forwarded a review letter dated October 22, 2001 to
Keith Willenbring, Pioneer Engineering to address the issues listed within the letter. Mr. Willenbring
forwarded a letter along with revised plans addressing all of the issues identified. by Engineering staff
(see letter dated November 7, 2001 from Keith Willenbring, Pioneer Engineering).
Park & Recreation Comments
The Park & Recreation Division is requesting a trail be placed between Lots 1 & 2, Block 2 to allow
for access to the future park space south and west of the proposed plat. Staff is also requesting that a
sidewalk be constructed on one side of the street per City standard plates for roadways that are 28-feet
or less. The developer is agreeable to the construction of both and will be identified on the
construction plans.
Public Safety Comments
Ken Kuchera, Fire Chief, completed review of the proposed preliminary plat for public safety and
forwarded the following comments:
1. The diameter of the cul-de-sac turn around needs to be 100 feet in order to allow appropriate
turning radius for fire apparatus;
2. The proposed center island within the cul-de-sac presents an obstacle to turn around; elimination
of the center island is strongly encouraged;
3~~
3. The proposed 30-foot back-to-back roadway is too narrow to maneuver, especially if parking is
allowed on one side of the street. Recommendation is to restrict on-street parking if width is to
remain at 30-feet or increase the road width to 34-feet;
4. Hydrant coverage is not met between the first and second hydrants.
City staff has determined that the developer meets the minimum street width and design requirements.
Parking will be restricted to one side ofthe street, allowing for a twenty (20) foot wide drive lane. It is
staffs opinion that on-street parking will be minimal within this development due to the likelihood
that most of the homes will have three (3) stall garages with additional parking within the driveway.
The issue concerning the landscaped island has not been discussed with the developer. Landscaped
islands have been a feature that has been apart of recent subdivision designs within cul-de-sacs.
Heritage Preservation Commission Comments
The Planning Division forwarded a copy of the proposed plat to the Heritage Preservation
Commission because the plat abutted an abandoned cemetery that was potentially a heritage landmark
site. Robert Vogel, Preservation Planning Consultant, forwarded the following comments (a copy of
the letter and Heritage Preservation minutes is attached):
1. Cemeteries are deemed eligible for designation as Farmington Heritage Landmarks;
2. Determine ownership of the cemetery;
3. The developer should provide public access to the cemetery in the form of a dedicated trailway or
easement;
4. Develop a preservation plan for the cemetery site and require the developer to stake the property
comers and establish appropriate fencing for protection of the property.
Staff has determined that the Farmington Presbyterian Church currently owns the property and has
been in contact with City staff. The Heritage Preservation Commission is considering accepting the
property as a historic landmark. City staff has determined that access to the property. can be gained
through existing City property located on Eaves Way and the dedicated OutlotA.
Comments from External Agencies
MN DNR, summary of comments (a copy of the letter is attached):
1. The volume of traffic generated from the plat does not seem to warrant a 30-foot wide road or a
100-foot cul-de-sac and would recommend reducing the amount of impervious surface within the
development;
2. Overland sheet drainage and use of swales should be considered to allow for the removal of
sediment and nutrients and provide the opportunity for evaporation and some amount of
infiltration to occur;
3. Resident education about the importance of wetlands is stressed (staff currently is working on
wetland information to be distributed to property owners abutting wetlands along with the
placement of wetland buffer signs).
City staff has discussed the comments from the MN DNR and feels the developer is meeting all
required street design and storm sewer standards as specified within the City's Standard Templates.
Dakota County Soil and Water Conservation District forwarded comments and recommendations
pertaining to site design and erosion control; none of the comments appear to affect the plat itself (a
copy of the letter is attached).
<;'00
ACTION REQUESTED
Consider approval of Middle Creek Estates Preliminary Plat contingent upon the following revised
contingencies as originally given by the City's Planning Commission.
I. The developer continue discussion with both the City and private property owner to realign the
private drive of the existing home located to the north of the proposed intersection off of Akin
Road in order to avoid conflict with a proposed turn lane.
2. A Conservation Easement be dedicated to protect the vegetation;
3. A trail be installed between Lots I & 2, Block 2 within the 20-foot wide drainage & utility
easement;
4. The developer re-survey the cemetery site to ensure no additional markers lie outside the property
and to identify the cemetery's property comers;
5. Complete a tree inventory of the site from house pad to house pad to be reviewed by the Planning
Commission and approved by City staff.
Respectfully submitted,
cc: Larry Frank, Arcon Development, Inc.
Don Patton, D R Horton
File
'10/
09/18/2001 14:04 651 463 lFH
09/18/01 Tt"E 1.J; 48 FAX 651 ~ 1611
CITY OF F.~INGTON
14.4 ~,
I4J 001
APPLICA~!ON FOR ?LAT REVIEW
DATE 9 -/'J -0 I
J?LAT NAME Ih,'ddl. 1Jtu'- &~r
LOCATION W'e..1 DP- 11j..,^ tz.Q.~J cui (lOlC.f ~(' ~;.J' '- C~ PvD
AREA BOUNDED BY ~'''11. p,....j, ". 1oJ.....1J- ... C..s~ woa~ h A~ 1'1,-J./1c... f':::f-PU-P
, ' -t.r. "'" c .
TO't.AL GROSS 'AREA ~b. 71 ~. ~4- ItIl€A :II I~ .74 ~
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4~t: I) tV .t7EV~,d...,. ~ '7" /,c./C.
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FHONE: . '1$"2 - g 3;--"98 / ,(~ 9S2. - 9$$ - 00 w~
N.&'1E & ~o\DDRESS OF L.o\1-ID SURVEYOR!ENGINEZR ../1,)."" ~~ ~ 7'-" ec-....'z / ZY'.l. ~
E^,~I'/l,/$ ~ .()t2. "1~~" /If.r_ /tWo <sS 11,4) 1''8.0 bS/-/'Sl"'/~/~
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"'MlES .. ADDRESSES Of ALL ADJOL'ffilG PROPERTY O.<lns AVAIL'.3LE noM.:~ ""'4
~lA.b,..( ~ ON:
PLAT REVIE'"w OPT!ON; f12€l./n. /A.I ~ Y ~L~ /f./'/ ~ c A-??q AJ
PREL L"1INARY & F!NAL TOGET~R; IN SEQUENCE:
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PRE 'ElLAT ADMIN!STR2~.-:IVE fEE: ,0/ /) - It'" PRE PLAT SlJRETI = · Z/' +'0 -
I HEREBY C:ERT!:~ 'IE..';''! I ~ (1J.'E ARE) THE FEE OWNER(S) OF THE A30VE LAl.'ID, ~....AT THE
PERSON PREFARING THE FLAT H.<\S RECEIVED A con OF TITI.E ll, CHAPTERS 1 'tHRU 5.
~'-fTI!!.ED "SUEDIV!SIONS" A},'1) TITI..E LO. CaAPTF.:RS 1 TIiRU 12 ENTITLED "ZONING" OF TEE
F~v~NG'ION CITY CODE AND ~ILL PREP.~~ IHE PLAT IN ACCORD~~CE WITH TEE PROVISIONS
CONT.~NED THZREIN.
ZONING DISTR1C~(S)
NAMES & ADDRESSES OF ALL owrLRS
1/,t.S P\.~ h~" N-3.rtJ
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SIGNATURE OF OWNER
c;-IW-oJ
DATE
1 . SKETCH PLAN
2. STAr: AND DEVELOPER CONSENSUS
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission .
FROM:
Michael Schultz r <-
Associate Planner \P
SUBJECT:
Consider Subdivision Variance Request - Middle Creek Estates Plat
DATE:
November 13,2001
INTRODUCTION
The applicants, DR Horton, Inc. and Arcon Development, Inc., are seeking approval of a nine
hundred and ten (910) foot variance to the 500-foot maximum allowed under Section 11-4-3 (B)
of the City Code.
DISCUSSION
The length of the 1,410 foot cul-de-sac, as proposed as part of the Middle Creek Estates plat, is
measured from the curb line of the intersecting street at Akin Road to the center radius at the end
of the cul-de-sac.
Section 11-4-3: Streets & Alleys
(B) Local Streets And Dead-End Streets: Local streets should be so planned as to discourage
their use by nonlocal traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted
where topography or other physical conditions justify their use. Cul-de-sacs shall not be longer
than five hundred feet (500'), including a terminal turnaround which shall be provided at the
closed end, with a right-ol-way radius of not less than sixty feet (60'). The lots in cul-de-sacs
shall be arranged in a manner which anticipates snow removal.
The proposed cul-de-sac, stubbed to the west of Akin Road, is situated between two wetlands,
the Middle Creek tributary and existing residential development. The topography of the land
rises from Akin Road up to two knob hill's that forms a low ridge line running toward Middle
Creek.
To the north of the proposed plat is the Pine Knoll neighborhood, a road access was never
stubbed out to the property to the south mainly due to an abandoned cemetery and the
topography of the land. To the east of the proposed plat are large single-family lots that restrict
and additional accesses other than what is proposed off of Akin Road. Also located to the east is
a Manage 1 type wetland. Located to the west is a MN DNR Protect wetland that runs the entire
</tJ.5
length of the proposed plat. To the south is the Middle Creek tributary and Manage 2 type
wetlands.
The Hansen property, located in the southeast comer of the end of the cul-de-sac may allow for
the cul-de-sac to be extended to the property through Outlot I, but because the location of current
and proposed road accesses, this may cause a staggered road access effect along Akin Road if the
Hansen property were to ever develop.
The developers are proposing to loop the water main service within the plat through the future
park space and to the future north/south road within the Middle Creek PUD.
The Planning Commission recommended approval of a variance request on August 8, 2000 to
exceed the 500-foot maximum cul-de-sac length code requirement for two cul-de-sacs, up to 115
feet, for the Vermillion Grove development.
Section 10-8-6 Variances states: The Board of Adjustment shall have the power to vary from the
requirements of this Title, and to attach conditions to the variance as it deems necessary to
assure compliance with the purpose of this Title.
(A) Literal enforcement of this Title would result in undue hardship with respect to the
property .
Response: The property is virtually land locked at this time due to existing developments
and natural features.
(B) Such unnecessary hardship results because of circumstances unique to the property.
Response: The Fire Chief has reviewed the plat containing the cul-de-sac length and
determined that if the cul-de-sac has an unobstructed lane of traffic 20 feet in width and
an adequate turnaround radius (lOO-foot radius is minimum, the Fire Chief is requesting
either removal of the center island or a wider radius for larger apparatus).
(C) The hardship is caused by provisions of this Title and is not the result of actions of
persons presently having an interest in the property.
Response: Section 11-4-3 (B) of the City Code restricts the length of cul-de-sacs to 500
feet in length.
(D) The variance observes the spirit and intent of this Title, produces substantial justice and is
not contrary to the public interest.
Response: Without the possibility of a variance to the length of cul-de-sac the developer
would be severely limited in the development of the property. Alternatives would be to
plan for a future access through the Hansen property or to construct a road through the
easterly wetland to a small access point (see attached map).
YO~
(E) The variance does not permit a lower degree of flood protection than the flood protection
elevation for the particular area or permit standards lower than required by State law.
Response: The proposed plat and cul-de-sac will not permit a lower degree of flood
protection.
ACTION REQUESTED
Staff recommends approval of the variance to allow for the construction of a 1,41 O-foot cul-de-
sac as part of the proposed Middle Creek Estates Preliminary Plat based on the findings as
outlined in the City Code.
Michael Schultz
Associate Planner
cc: Larry Frank, Arcon Development
Don Patton, DR Horton, Inc.
File
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.**~
* PIONEER
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Civil Engineers · Land Planners · Land Surveyors · Landscape Architects
November 7, 2001
Mr. Lee Mann
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
RE: Middle Creek Estates, Farmington
P.E. Job # 100512
Dear Mr. Mann:
Attached are three copies of the revised preliminary plat plans and storm sewer calculations
based on your review letter dated October 22, 2000. The comments have been addressed as
follows.
General Comments
1. The realignment of the driveway is a result of the turn lane installed on Akin Road. The
current land owner will have to be contacted as to the realignment. This is private land not
included in the plat, and further review will be required during final plans.
2. Storm sewer calculations are attached. The pond was increased slightly for phosphorous
treatment, which required additional tree removal.
Preliminary Plat
1. The wetland removal and mitigation were addressed in the wetland permit processed with the
grading of Middle Creek 1 st and 2nd Additions. At that time, the removal ofwet1and in Middle
Creek Estates was expected, and the wetland produced south of the multifamily was to be used
for mitigation as required.
Grading Plan
1. Lot and Block numbers were added.
2. Lot comers were added. This is a preliminary grading plan and the elevations may later
change.
3. The west end of the pond was enlarged in part with the phosphorous treattnent.
4. Additional storm sewer was placed on the north end of the cul-de-sac.
5. "CG" indicates "Custom Graded" house site. These are used in an attempt to save trees in
these areas. Proposed house type and elevation are indicated as a guide for the custom lot
design.
6. The ownership of the outlots with the shed is planned to be transferred to the adjacent land
owners as needed.
2422 Enterprise Drive. Mendota Heights, Minnesota 55120. (651) 681-1914. Fax 681-9488
625 Highway 10 N.E. · Blaine, Minnesota 55434 · (763) 783-1880 · Fax 783-1883
.'10<0'
Preliminary Utility Plan
1. The fire hydrant on lots 1 and 2, Block 1 was shifted to cover lots 13 and 14. This also
removes possible future conflict with the storm sewer.
2. A valve was added to the cul-de-sac.
PreIiminary Landscape Plan
1. The curb length of the cul-de-sac is approximately 2940 feet. With tree spacing of 40' this
leads to 73 trees. Currently 73 overstory trees and 11 evergreen trees are planned. The spacing
on the preliminary landscape plan was used to indicate two trees per lot, which will work better
while working with individual home owners. Again, the proposed trees were oversized by Larry
Frank: above the city requirement.
Detall Sheet
1. References to city plates were added.
If you have any questions, or require additional information, give me a call.
Sincerely,
~~
Keith A. Willenbring, P .E.
cc: Lee Smick, City of Farmington
Larry Frank:, Arcon Development
encl.
'109
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminlrton.mn.us
October 22,2001
Mr. Keith Willenbring
Pioneer Engineering
2422 Enterprise Drive
Mendota Heights, MN. 55120
RE: Middle Creek Estates Preliminary Plat Review
Dear Mr. Willenbring,
Engineering staff has reviewed the preliminary plat information that was submitted for the above
referenced project. The following comments need to be addressed with the next submittal.
General Comments
1. Realign the driveway of the existing home on Akin Road (North side of proposed access)
such that the driveway is located on the Middle Creek Estates street. Show on preliminary
grading plan.
2. Submit storm sewer calculations with area map.
Sheet 2 - Preliminary Plat
1. An area of wetland removal is shown. Where will wetland mitigation be located?
Sheet 4 - Preliminary Grading Plan
1. Place lot and block numbers on this sheet. Outlots should also be labeled.
2. Include lot comer elevations.
3. The west end of the pond appears to be rather shallow. Verify that the minimum depth of the
pond is at least 4 feet.
4. Verify that storm water flow lengths do not exceed 400 feet (northeast ofHP).
5. Several of the proposed homes are labeled as "CG". What does this stand for?
6. Sheds are shown in the proposed outlot areas. What will be happening with these sheds?
'I/O
Sheet 5 - Preliminary Utility Plan
1. Provide additional fire protection for Lots 13 and 14, Block 2 (225' radius).
2. Provide a valve in the cul-de-sac, on the loop line to Middle Creek East.
Sheet 6 - Preliminary Landscape Plan
1. Trees are to be provided at 40' spacing.
Sheet 7 - Detail Sheet
1. Reference City of Farmington Standard Plates wherever possible (Silt Fence - ERO-Ol;
Heavy Duty Silt Fence - ERO-02; Temporary Construction Entrance - ERO-08; Typical
Bench Detail- STO-21, etc.).
If you have any questions or comments regarding these review comments please do not hesitate
to contact me at (651) 463-1600.
Sincerely,
--;L M~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
Lee Smick, City Planner
Larry Frank, Arcon Development
.....----- --.-_. - -." -.....
'///
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
October 30, 2001
Mr. Larry Frank
Arcon Development
7625 Metro Boulevard Suite 140
Edina, MN 55439
Mr. Don Patton
D R Horton
20860 Kenbridge Court Suite 100
Lakeville, MN 55044
RE: Middle Creek Estates Preliminary Plat
City staff has reviewed the submittal for the Middle Creek Estates Preliminary Plat. The following
are Development Committee comments that need to be addressed:
1. Recommend Outlot A be split into two outlots, one including the wetland area and one including
the parkland.
2. Recommend Outlot A as a Conservation Easement in order to protect the vegetation on the
property in perpetuity.
3. Require a tree inventory to determine the removal limits of trees on the property.
4. Require a sidewalk on one side of the 28-foot wide street as shown on the attached City Standards
Detail Plate No. STR-05A.
5. A trail is required within the 20-foot wide drainage and utility easement from the cul-de-sac to the
proposed park in Middle Creek.
6. Require Developer to stake cemetery boundaries to determine area of cemetery. .
7. Additional landscaping is required surrounding the storm water management pond in Outlot G.
8. The City is in the process of reviewing the existing wetland on Lots 1 and 2 to determine if
wetland mitigation is required.
9. Require a variance request, for the cul-de-sac length.
10. The Developer should be aware that the 5.61 acres to the west of this plat owned by Bernard
Murphy should be addressed with the Middle Creek East plat to provide roadway access to the
Farmington Industrial Park from the north/south collector street in Middle Creek East.
If you have any questions or comments regarding these review comments, please do not hesitate to
contact me at (651) 463-1820.
. t./ /~
Sincerely,
~~
Lee Smick, AICP
Planning Coordinator
cc: Ed Shukle, City Administrator
David L. Olson, Community Development Director
Lee M, Mann, Director of Public Works/City Engineer
File
'/13
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Jim Bell
om:
nt:
To:
Subject:
Mike Schultz
Monday, November 05,20012:41 PM
Jim Bell
Middle Creek Estates
Jim,
Are there any comments from the Parks & Recreation Commission concerning the Middle Creek Estates plat? If there
were can you please forward them over in a memo so they can be included with the staff report to the Planning
Commission.
Thanks
Mike Schultz
Associate Planner
City of Farmington
mschultz@ci.farmington.mn.us
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Mike Schultz
From:
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~ubject:
Kenneth Kuchera [kenneth.kuchera@metc.state.mn.us]
Thursday. October 25, 2001 6:13 AM
Mschultz@ci.farmington.mn.us
MIDDLE CREEK PRELIMINARY PLANS
The fire department has reviewed Middle Creek Estates Preliminary Plans. The following concerns need to be addressed:
1. This plan to my knowledge is a first for our city. The distance of the roadway to the dead end cul-de-sac is
approximately 1500 feet. We have driven our apparatus to the new Middle Creek East addition to compare and determine
roadway width and turning radius needed. The minumun roadway (blacktop) cul-de.sac diameter needs to be 100 feet.
The plan does not indicate that diameter. My understanding is the curbs are the sloped style. This cannot be figured into
the roadway diameter distance required. The winter season will reduce the roadway diameter of the cul-de-sac.
2. The center island of the cul-de-sac presents another obstacal for us to manuver around. A structure fire response will
require both of our class A pumpers, mini pumper and fire/rescue unit. The combination of one of our pumpers setup at
the cul-de-sac hydrant and the center island presents a real challenge for us to get our apparatus turned around to position
and or exit the cul-de-sac. The iIIimination of the center island is strongly recommended.
3. The roadway width is proposed at 30 feet. This is to narrow for us to manuver especially when on street parking is
allowed even on one side of the street. Our class A apparatus width from outside mirror to outside mirror exceeds 10 feet.
With on street parking it would be questionable if one apparatus meeting the other could pass. The proposed width of the
roadway is acceptable if NO on street parking is allowed and signage is in place to reflect that. If not, the roadway width
needed is 34 feet.
4. The hydrant to hydrant distances are acceptable with one exception. The first hydrant distance from center of Akin
Road measures a distance of approximately 200 feet. The distance to the next hydrant is 450 feet. Another hydrant will
be required to reduce the 450 foot distance not to exceed 300 feet.
Consider this e-mail as my review and comments. Don't hesitate to contact me with any questions.
cespectfully,
<3n Kuchera
.re Chief
1
l//5
MEMORANDUM
1 October 2001
TO: Michael Schultz, Associate Planner
FR: Robert Vogel, Preservation Planning Consultant
RE: Review of Middle Creek Estates Preliminary Plat
Thank you for the opportunity to review and comment on the preliminary plans for the proposed
Middle Creek Estates subdivision.
I have consulted the city's inventory of historic resources and there are no recorded historic
buildings or archeological sites within the platted area. The small rural cemetery that abuts the
north boundary of the platted area is considered historic, although it lies outside the geographic
area covered by previous surveys of historic sites conducted under the auspices of the Heritage
Preservation Commission. Cemeteries are a type of historic property deemed eligible for
designation as Farmington Heritage Landmarks.
The city has adopted standards for the preservation of historic properties affected by
development projects. In this case, planning for the preservation of the cemetery needs to focus
on identification and documentation of its historic characteristics, as well as safeguarding the site
against possible adverse impacts from development activities.
I recommend the following historic preservation actions with respect to the preservation,
protection and use of the cemetery:
1. Determine ownership of the cemetery. (Abandoned cemeteries are usually assumed to be
owned by the city.)
2. Require the developer to provide public access to the cemetery in the form of a dedicated
trailway or easement. This should be a condition of plat approval.
3. Develop a preservation plan for the cemetery that delineates its distinctive historic features
(markers, vegetation, etc.) and identifies a program of site protection and maintenance.
Developer financial participation in the cemetery preservation plan should be considered as a
condition of plat approval.
I have based my recommendations upon the goals and policies contained in the Historic
Preservation Element of the Farmington 2020 Comprehensive Plan Update, and on the Secretary
of the Interior's Standards for the Treatment of Historic Properties. If you have any questions
about the preservation issues raised in this memorandum, or if the Planning Division requires
technical assistance on preservation planning matters, please do not hesitate to contact me by
phone (604-0175) or e-mail (rcvogel@earthlink.net).
'/Ir;
. Possibility of Linking with Church of the Advent Web site.
. Educate Realtors in how they market Historical Homes in Farmington
. Work with Hardware store in marketing historical colors in paint lines
. Educate local contractors in methoas used in restoration work
. View other web sites for additional ideas
Robert Vogel will bring to the next HPC meeting documents and
information that currently exists.
* b.
Middle Creek Estates Preliminary Plat - This plat abuts an abandoned
historic cemetery with no access to a public road. Planning staff requested
comments from the HPC. MOTION by Tharaldson, second by Rice to
determine ownership of the cemetery, require the Developer to survey the
cemetery property, provide property stakes and appropriate fencing and
that this be a condition of plat approval. Also, that the City provide access
to the cemetery in the form of a dedicated trail way through the adjacent
City property. The HPC will develop a preservation plan for the cemetery
that delineates its distinctive historic features (markers, vegetation, etc.)
and identifies a program of site protection and maintenance. APIF,
MOTION CARRIED.
9. Miscellaneous
a. HPC Vacancy
Advertisement for vacancies on Boards and Commissions is made in the
Farmington,Independent and in the NovemberlDecember issue of the City
Newsletter.
b. Future meeting - The next meeting will be a special meeting set for
December 6, 2001.
10. Adjourn - Motion made and seconded to adjourn at 9:00 p.m.
Respectfully submitted,
~&;~
Karen Finstuen
Administrative Services Manager
'11/
Minnesota Department of Natural Resources
October 17, 2001
Mr. Michael Schultz
City of Farmington
325 Oak Street
Farmington, MN 55024
Re: Review of the Paramilitary Plat for Middle Creek Estates
Dear Mike:
I have reviewed the set of plans for the Preliminary Plat of the above-mentioned site. I have a few
comments that I would like to be taken into consideration for this proposed project before the plat is
approved. At this point the project plans do not take into consideration any alternative site designs for
stormwater management. The following list outlines areas where design changes could be made to
minimize the potentially adverse impacts from this development.
1. The street for this development is currently designed to end in a cul-de-sac. The volume of traffic
generated from the 26 homes does not seem to warrant a 30' wide road or a 100' diameter cul-de-
sac. A narrower cross section would help to significantly reduce the amount of impervious
surface within the development.
2. The design also includes the use of curb and gutters with stormwater being piped to stormwater
ponds. There are opportunities on this site to slow runoff and reduce the stormwater volume with
simple design changes. The design for the roadbed retains some of the slope that currently exists
on the site. With the elimination of curb and gutters the stormwater could be directed as sheet
flow onto the 25' front yard set backs and then designed to move as overland flow towards the
stormwater ponds (some piping may be necessary to move the water from the east to the
stormwater ponds on the west side). Allowing the stormwater to be conveyed in open swales
would allow for the removal of sediment and nutrients and provide the opportunity for
evaporation and some amount of infiltration to occur.
DNR Information: 6 I 2-296-6157. 1-800-766-6000 . TrY: 612-296-5484, 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
ft Primed on Recycled Paper Conlaining a
f.t) Minimum of 1()~1c Post-Cunsumer Wasle
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3. Another consideration to be triade is to inform residents about the functions and importance of the
wetland buffers on their property. As the design for this development moves forward, a way to
keep residents permanently informed about the wetland buffer easements should be implemented.
The incorporation of innovative approaches to stormwater management can improve the aesthetics of the
development while helping to protect the quality of water and habitat in the adjacent wetlands.
Thank you for the opportunity to review this plan.
Sincerely,
-J'! ~ O.rJ/w.
Michele Hansort
Community Assistance Coordinator (,-5I-na.- &'1'5 ~
Metro Region Watershed Initiative, MDNR
cc: Lee Smick, City of Farmington
Pat Lynch, MDNR
</19
.-:.,.
DAKOTA COUNTY SOil AND WATER
CONSERVATION DISTRICT
Dakota County Extension and Conservation Center
4100 220th Street West, Suite 102
Farmington, MN 55024
Phone: (651) 480-7777 FAX: (651) 480-7775
www.dakotaswcd.org
October 9, 2001
Mr. Michael Schultz
Associate Planner
City of Farrnington
325 Oak Street
Farmington, MN 55024
Ref.: 00-FRM-037
RE: REVIEW OF THE PREL!MINA.~Y GP~ING PLAN FOR THE MIDDLE CREEK ESTATES
Dear Mike:
The Dakota County Soil and Water Conservation District (SWCD) has reviewed the Preliminary Grading
Plan for the above-mentioned site. This project entails 26 single-family lots on approximately 40.7 acres.
Approximately 0.27 acres of permitted wetland fill is proposed. The following report summarizes the
proposed erosion controls and submits additional erosion control recommendations.
We observed thefollowing'erosion'and sediment controls on the plans:
1. Silt fence at the grading limits.
2. One stormwater pond.
3. Some erosion control details.
We have the following comments and recommendations regarding site design and erosion control:
1. If grading is scheduled to start this fall, it is critical to plan how the site will be stabilized before
weather prohibits effective erosion control. Note the following:
a. All exposed areas should be seeded and mulched before the Nov. 15 dormant seeding deadline.
b. No areas should be left exposed over the winter.
2. All graded slopes tributary to wetlands should be brought to final grade and stabilized imIDcuiai.dy.
3. Construct the permanent stormwater ponds' first to use as temporary sediment basins. Install a riser or
similar device to enhance sediment trapping efficiency and a controlled overflow structure.
4. Place double rows of revised Mn/DOT heavy duty silt fence to protect the site's wetlands (outside of
the proposed buffers and about 6 feet apart) in the following locations:
a. Between the proposed stormwater pond and Pond F-P7.14
b. Lot 11 of Block I
c. Lot 6 of Block 2
5. Stabilize all 3:1 and steeper slopes with erosion blanket or equivalent. Show the location of these
areas on the plan. Require that once these areas are exposed, they are finish-graded and stabilized
promptly.
6. Install all silt fence on-contour. Cross-contour silt fence tends to concentrate nmoff and cause silt
fence failures. Install I-hooks on silt fence that must go downslope.
7. Show the location and type of energy dissipation devices at all storm sewer outfalls.
8. Show the location and type of check dams in areas of concentrated flow. Do not use hay bales.
AN EQUAL OPPORTUNITY EMPLOYER
<Ide)
Middle Creek Estates
OO-FRM-037
2
9. Show the location of the rock construction entrance.
10. Include notes regarding NPDES permit requirements on the plan, including inspection and
maintenance timing.
11. Include locations and specification of all erosion controls on the plan.
12. Additional controls may be deemed necessary during construction to protect the onsite wetlands.
Thank you for the opportunity to review this plan. Because the sites will disturb more than five acres, a
National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit is required.
Good implementation, consistent monitoring, and maintenance of all erosion control measures are
important to minimize erosion on this construction site. Call me at (651) 480-7779 if you have questions.
Sincerely,
~~~
7Ja~ :g~~CPESC
Urban Conservationist
cc: Lee Mann, City of Fannington
Larry Frank, Arcon Development, 7625 Metro Boulevard, Suite 350, Edina MN 55439
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminJrton.mn.us
TO:
Mayor, Councilmembers, City Administrator~~
FROM:
Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT:
Consider Resolution - ISO 192 Schoolhouse Addition Development Contract
DATE:
November 19, 2001
INTRODUCTION
The Development Contract for ISD 192 Schoolhouse Addition IS forwarded herewith for Council's
consideration.
DISCUSSION
The final plat for ISD 192 Schoolhouse Addition was approved by the Planning Commission on September 25,
2001 and by the City Council on October 1, 2001.
The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the
Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval
for the development contract:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City
Council approval of the final plat.
BUDGET IMPACT
None.
ACTION REOUESTED
Adopt the attached resolution approving the execution of the ISO 192 Schoolhouse Addition Development
Contract and authorize its signing contingent upon the above conditions and approval by the Engineering
Division.
Respectfully Submitted,
~rn~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
cc: file
Y~9
RESOLUTION NO. R -01
APPROVING DEVELOPMENT CONTRACT
ISD 192 SCHOOLHOUSE ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Council Chambers in City Hall of said City on the 19th day ofNovernber, 2001
at 7:00 P.M.
Members present:
Members absent:
seconded the following resolution:
Member
introduced and Member
WHEREAS, pursuant to Resolution No. R 90-01, the City Council approved the Preliminary Plat ofISD
192 Schoolhouse Addition; and,
WHEREAS, pursuant to Resolution No. R 90-01, the City Council approved the Final Plat of ISD 192
Schoolhouse Addition subject to the following conditions:
1. The Final Plat approval is contingent on the preparation and execution of the Development Contract
and approval of the construction plans for grading, storm water and utilities by the Engineering
Division;
2. The developer submit the letter of credit and certificate of insurance required under the terms of the
Development Contract.
NOW THEREFORE, BE IT RESOLVED THAT:
The Development Contract for the aforementioned development, a copy of which is on file in the Clerk's
office is hereby approved subject to the following conditions:
1. the Developer enter into this Agreement; and
2. the Developer provide the necessary security in accordance with the terms of this Agreement; and
3. the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City
Council approval of the final plat.
The Mayor and Administrator are hereby authorized and directed to sign such contract.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day
of Novernber, 2001.
Mayor
Attested to this _ day of
,2001.
City Administrator
SEAL
<./30
DEVELOPMENT CONTRACT
AGREEMENT dated this 19th day of November, 2001, by, between, and among the City of Farmington, a Minnesota
municipal corporation (CITY) and Independent School District No. 192, a Minnesota political subdivision, (DEVELOPER).
1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for Schoolhouse Addition (also referred
to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of
Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A":
2. Conditions of Approval. The City hereby approves the plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement.
c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of
the fmal plat.
3. Development Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after
entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this
Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
4. Sales Office Reauirements. Not applicable.
5. Zonine/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the
plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
1
~3/
6. ReQuired Public Improvements. Floodplain Mitie:ation and 19Sth Street Assessments. The Developer shall install and
pay for the following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering
guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer
furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and
specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default
of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure
an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction
work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time
basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council
chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty
(60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with
a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed.
Floodvlain Mitigation
The Developer is required to mitigate for the project's floodplain impacts. The floodplain mitigation plan will need to be
approved by the City and the approved mitigation measures must be completed before a certificate of occupancy will be issued.
195th Street Assessments
The Developer is responsible for a proportionate share of costs for the construction of 195th Street. The Developer shall be
responsible for the costs of the construction apportioned by the City to properties abutting or adjoining the improvement, and
any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under
this agreement. The Developer waives any and all procedural and substantive objections to the assessments, including but not
limited to, hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Developer
waives any appeal rights otherwise available pursuant to MSA ~ 429.081.
The Developer will participate in construction and easement acquisition costs associated with the construction of a biketrail on
the south side of 195th Street. This biketrail would be constructed as part of the 195th Street Improvements.
7. Time of Performance. The Developer shall install all required public improvements by July 31, 2003, in accordance with
the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect
cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract
will coincide with the date of the extension of the security.
2
Y3~
8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor
material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is
two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets
have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their
completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required
testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete
the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the
warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality,
and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the
City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or
other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The
retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final
acceptance of streets and utilities.
10. Gradin2 Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile
and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished
the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the
City. The City may impose additional erosion control requirements if it is determined that the methods implemented are
insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded
forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency
determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion
immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the
Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless
the plat is in full compliance with the erosion control requirements.
The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for
a Water Quality Management Fee of $ 3,536.00 based upon the number of acres in the plat. This fee is due and payable at
the time of execution of this agreement.
12. Landscapin2. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City. The Developer shall be solely responsible for the installation of all
project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees
will not be transferred to builders, homeowners, etc. Retaining walls with 1) a height that exceeds four feet or 2) a combination
of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following
construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will
was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development
plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified
before any building permit is issued for a lot on which a retaining wall is required to be built.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving,
construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase
has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to
3
(j33
approve [mal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed.
Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of
subsequent phases may not proceed until development agreements for such phases are approved by the City.
14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been [mal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or
dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed
to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full
extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan
(including removing unplatted property from the urban service area), official controls, platting or dedication requirements
enacted after the date of this Agreement and may require submission of a new plat.
15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of$ 321,185.00 in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat
over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time.
The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time
the Development Contracts for those phases are entered into. A credit in the amount of $27, 772.00 will be given to the
Developer for Storm Sewer Trunk Oversizing within the plat. The net result is a Surface Water Management Fee of
$293,413.00.
16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the
Wetlands Mitigation Plan.
17. Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area charge of$ 62,064.00 for the plat in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat
over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time
the Development Contracts for those phases are entered into.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 29,136.00 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten
(10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time.
The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the
time the Development Contracts for those phases are entered into.
19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 47,948.00 for the
plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any
claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
4
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20. Park Dedication. In recognition of the minimum impact the Development will have on the City Park and Recreation
system and programs and the Developer's construction of recreational facilities which will be made available for limited use by
residents of the City and the general public, the Park Dedication fees shall be considered paid in-kind.
21. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to
pay a fee of $7,831.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
22. GIS Fees. The Developer is responsible for a Government Information System fee of $2,063.00 based upon the number of
acres within the development.
23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated
on the plat.
24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to
perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements
by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been
installed and accepted by the City.
25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall
be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to
clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs.
26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all
public improvements in the plat, the Developer shall furnish the City with proof of a valid performance bond with the
Developer's contractors and subcontractors in the full amount of the required improvements. If the required public
improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the completion
date of the project, the City may complete the improvements and may assess the Developer's property for the cost of the
improvements, and all incidental costs, pursuant to State law and the Developer hereby expressly waives any right to object to
the assessment.
27. Responsibilitv for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering,
easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the
plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting
the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development.
The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may
payor incur in consequence of such claims, including attorney's fees to the extent permitted by law.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required
by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of
Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit
the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorneys' fees pursuant to this Contract.
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D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days
shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the
right to draw from the Developers security to pay the bills.
28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
29. Existin!! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading
options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing
and grubbing operations shall be disposed of off site.
30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the
City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement,
is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to
act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any
such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
31. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may
not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall
continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall
have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until
the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties.
Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before
certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather
related circumstances prevent completion of street projects before the end of the construction season. The Developer is
responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a
waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by
written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that
an environmental impact statement is not required. However, if the City or another governmental entity or agency determines
6
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that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency.
The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in
the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances
and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow
any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer
shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or has
obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there
are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless
for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this
Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise out
of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for
property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named
insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the
cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City
signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine
whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination
may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in
an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a
reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday:
Saturday:
Sunday:
7:00 am - 7:00 pm
8:00 am - 5:00 pm
Not allowed without prior authorization
EXCEPT:
1. The following modification to the allowed working hours expires on December 1,2001. At that time, working hours will
revert to the above hours of operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 AM. until 8:00 P.M.
8:00 AM. until 8:00 P.M.
Not Allowed
2. All lighting necessary for work after dark must be directed away from residential areas. The lighting setup will need to be
verified by City Engineering staff.
7
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This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above
hours are subject to approval of the City Engineer.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of
the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined
in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30.
O. Third parties have no recourse against the City under this contract.
32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
Douglas Bonar
ISD 192
510 Walnut Street
Fanrrlln~on,~ 55024
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
Edward Shukle, City Administrator
City ofFarmin~on
325 Oak Street
Farmington, ~ 55024
8
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SIGNATURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
Edward Shukle, City Administrator
DEVELOPER:
Independent School District No. 192
By:
Its:
Jerome Wacker
ISD 192 School Board Chairman
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
9
</37
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of , 20 by
Gerald Ristow, Mayor, and by Edward Shukle, City Administrator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of
,20
by
, the
ofIndependent School District
No. 192, a Minnesota political subdivision.
Notary Public
10
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EXHIBIT "A"
The Southwest Quarter, Section 23, Township 114, Range 20 excepting therefrom the following two
parcels:
1. The North 330.00 feet of the East 396.00 feet of the West 726.00 feet of the Northeast Quarter of the
Southwest Quarter of Section 23, Township 114, Range 20, Dakota County, Minnesota, according to the
Government Survey thereof.
2. The North 466.69 feet of the East 466.69 of Northeast Quarter ofthe Southwest Quarter, Section 23,
Township 114, Range 20, Dakota County, Minnesota, according to the United States Government Survey
thereof and situate in Dakota County, Minnesota.
11
'I'll
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/O~
TO: Mayor and City Council
FROM: Ed Shukle
City Administrator
SUBJECT: Empire Treatment Plant Expansion
DATE: November 19,2001
INTRODUCTION
Attached is an invitation to attend a meeting regarding the proposed expansion of the Empire
Wastewater Treatment Plant. The meeting is scheduled for Tuesday, November 20,2001, at the
NEW Apple Valley City Hall, comer of 147th Street West and Galaxie Avenue. The meeting
begins at 9:00 a.m.
DISCUSSION
The meeting will also discuss the proposed Outfall routing and the draft Memorandum of
Understanding (MOU) between the cities of Farmington, Lakeville, Apple Valley, Rosemount,
Empire Township, Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council.
RECOMMENDATION
For information only. Engineering staff will be in attendance at the meeting.
'I'I~
~
Metropolitan Council
Building communities that work
Environmental Services
Update
Empire Expansion, Outfall and
Draft Memorandum of Understanding
~ . A C . .
uervlce ....~rea ommundles
Tuesday, November 20, 2001
9:00-11:00 a.m.
NEW Apple Valley City Hall
7100 14ih Street
comer of 147th Street W. and Galaxie Ave.
This meeting is to update you on the progress on the Empire Expansion Project and the
Outfall routing project. We will also discuss the draft Memorandum of Dnderstanding
(MOD) between the Cities of Farmington, Lakeville, Apple Valley, Rosemount, Empire
Township, the Minnesota Pollution Control Agency and the Metropolitan Council. The
draft MOD will be sent to you the week of November 12.
Please contact Pauline, at 651-602-1805, if you have questions or are ullable to attend this
meeting.
Metro Info Line 602-1888
www,metrocounciLorg
230 East Fifth Street .
St. Paul, Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TIY 291-0904
An Equal Opportunity Employer
Lj l./ 3
/ Or['
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members,
City Administrato~ ')
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Set Joint Workshop Date - Recreational Vehicle Parking in Residential Zones
DATE:
November 19,2001
INTRODUCTIONIDISCUSSION
At the October 1, 2001 meeting, a group of citizens addressed the Council requesting their consideration of an
ordinance that would restrict the number of trailers and/or recreational vehicles stored on a residential lot. The
City Council has directed staff to schedule a Joint Workshop with the Planning Commission to discuss this
issue. The Planning Commission has agreed to either one of the following dates:
Wednesday, February 13,2002 at 5:00 P.M.
Wednesday, March 13,2002 at 5:00 P.M.
ACTION REQUESTED
Indicate the availability of the Council to meet on either of the above suggested dates to discuss the issue
concerning the parking of recreational vehicles in residential zones.
Respectfully submitted,
~.!22
Lee Smick, AICP
Planning Coordinator
I./1t(